On Point blog, page 74 of 141
More on probable cause to arrest for OWI
State v. George R. Ferrell, Appeal No. 2012AP2602, 9/26/13, (1-judge; ineligible for publication); case activity
A state trooper does not need evidence such as odors, admissions or containers to have probable cause to arrest for OWI. These facts will do the trick:
¶12 . . . [T]he State Patrol received several reports that Ferrell was driving erratically and dangerously. Thiede observed that Ferrell was speeding and watched Ferrell swerve within his lane.
Police had probable cause to arrest for OWI based on driver’s admission he was impaired
Winnebago County v. Brady E. Bauman, 2013AP1075, District 2, 9/18/13; court of appeals decision (1-judge; ineligible for publication); case activity
After encountering a deputy in a parking lot, Bauman stated he had been drinking, had driven a half-hour before, and had pulled into the parking lot because he felt impaired. The deputy asked, “Are you telling me that you are impaired and you were driving in an impaired state?” Bauman answered “yes.” The deputy had probable cause to arrest Bauman:
¶4 ….
Reseasonable suspicion of impairment justified extension of traffic stop to conduct field sobriety tests
State v. Kenneth B. Burmeister, 2013AP1016-CR, District 3, 9/17/13; court of appeals decision (1-judge; ineligible for publication); case activity
Police lawfully extended a traffic stop to conduct field sobriety tests because the odor of alcohol, the driver’s initial “deflective answer” to the question of whether he had been drinking, and his subsequent admission to drinking gave the police reasonable suspicion to believe the driver was impaired:
¶11 We reject Burmeister’s assertion that the facts observed by Logan suggest only the presence of alcohol.
OWI — probable cause to arrest; information from ER nurse regarding blood alcohol test
Marathon County v. Eric G. Fischer, 2013AP760, District 3, 9/4/13; court of appeals decision (1-judge; ineligible for publication); case activity
Police lacked probable cause to arrest Fischer because a “tip” from an ER nurse that Fischer’s BAC was “0.15 percent” did not provide a reliable basis to conclude Fischer was operating while intoxicated.
Fischer was the operator of a motorcycle that crashed. (¶2). Police collected scant information at the scene before Fischer was taken to the hospital.
OWI — reasonable suspicion for traffic stop and OWI investigation
State v. Tony L. Wyatt, 2013AP728-CR, District 2, 8/28/13; court of appeals decision (1-judge; ineligible for publication); case activity
A sheriff’s deputy stopped the car Wyatt was driving after checking the license plate of a car driving in front of the deputy and determining the car’s owner—a female—didn’t have a valid driver’s license. If the deputy didn’t know before the stop that the driver was male, the stop was lawful under State v.
Dog sniff and search of car were unlawful because officer unreasonably extended the duration of the stop
State v. Kenneth C. House, 2013 WI App 111; case activity
House was stopped for operating with a suspended registration. After running House’s license and learning he was on probation for a drug offense, the officer returned House’s license and issued him a warning for the suspended registration. The officer then retrieved his police dog who, after sniffing around the vehicle, alerted on the driver and passenger doors.
OWI — probable cause to arrest without field sobriety tests
State v. Scott E. Bartelt, 2013AP110-CR, District 2, 8/14/13; court of appeals decision (1-judge; ineligible for publication); case activity
¶1 …. During his investigation of a bar fight, a village of Butler police officer came to the conclusion that Bartelt should not drive home and offered to give him a ride. Bartelt declined the ride, told the officer he would walk home, and walked away. Not twenty minutes later,
OWI — Probable cause to request preliminary breath test; admissibility of evidence of defendant’s refusal to take the test
State v. Raylene A. Brinkmeier, 2013AP15-CR, District 4, 8/1/13; court of appeals decision (1-judge; ineligible for publication); case activity
The police had probable cause under § 343.303 to request Brinkmeier to submit to a preliminary breath test (PBT):
¶13 Contrary to Brinkmeier’s argument, the evidence supporting probable cause in this appeal does not differ significantly from the evidence in [County of Jefferson v.
Field sobriety tests may be a “search” under the Fourth Amendment, but that doesn’t change the legal standard governing when an officer may request they be performed
Town of Freedom v. Matthew W. Fellinger, 2013AP614, District 3, 8/6/13; court of appeals decision (1-judge; ineligible for publication); case activity
Fellinger argues that field sobriety tests are searches under the Fourth Amendment because “[a]n inherent right as a human being is to control and coordinate the actions of [his or her] own body[,]” and, therefore “a fundamental expectation of privacy is implicated when a person is subject to the performance of [field sobriety tests].” (¶12).
Terry stop was unlawful because there was no reasonable suspicion to believe defendant was loitering or dealing drugs
State v. Ryan Erik Diggins, 2012AP526-CR, District 1, 7/30/13; court of appeals decision (not recommended for publication); case activity
There was no objectively reasonable suspicion that Diggins was loitering in violation of Milwaukee’s loitering ordinance, § 106-31(1), where Diggins was seen standing for five minutes, doing nothing, at a gas station– “a place to which the public is invited”–and then moved across the street to a bus stop–“another equally public place”–even though both places were in a high crime area:
¶13 Here,